Deleted
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Post by Deleted on Jul 30, 2015 13:47:37 GMT
Not sure how that would work.
I thought that the £30m was lodged in an account and released at stages as UWE was built.
If that's the case, the release of funds will be tied to a specific plan/build. Hard to see Sainsbury's agreeing to a change in detail.
From yesterday's B Post article I thought it was all about compo now if the Appeal was succesful not enforcing the contract, although I do recall the Sainsbury's Barrister suggesting if they "were stuck with the Mem" they may as well know sooner than later, so perhaps the BP article was totally incorrect. Thought that comment came from a Sainsbury's employee who said 'if we are stuck with the contract'.
There was a rumour just before the trial that Higgs wasn't minded to discuss a settlement, he wanted the full £30m.
But my question was around the possibility of building a different / cheaper stadium, given how they have acted so far, if that gives Sainsbury's an opportunity to wriggle, they'll take it.
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Post by mancgas has left the building on Jul 30, 2015 13:55:17 GMT
Its strange, if she agrees to allow the appeal, It almost suugests that she is not confident of her original decision ! That's the very reason I will be surprised if she hears the case tomorrow. She wasnt 'confident' if thats the right word, as the judgement said if this is wrong, and she 'thinks' but thats why its called a judgement not a decision. And no doubt its why our lawyers have persuaded TW/NH to spend spend spend more legal fees rather than focus on properly running a club with gates well above the leage averages to a league position commensurate with that standing However there is some good news in all these delays By the time we actually get a decision, the economic crisis will be over and big supermarkets will be in vogue again and we'll be quids in (or the firm who owns the Mem site by then will be) if we dont stop chasing the unlikely and continue to forget about trying to run a club with a decent income at this level within its means to success ie like Burton Albion did the only certainty is the end of this business as we know it.
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Deleted
Joined: January 1970
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Post by Deleted on Jul 30, 2015 13:55:39 GMT
I expect the "leave to appeal" will be granted no matter who hears the case. If it isn't, I think NH's days of being in charge will be very short. So in the long run the club wins either way then.
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Post by Topper Gas on Jul 30, 2015 14:19:53 GMT
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dogbert
Joined: August 2014
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Post by dogbert on Jul 30, 2015 14:23:37 GMT
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Post by Topper Gas on Jul 30, 2015 15:13:55 GMT
So it is Proudman hearing the case, it's a bizarre system where a Judge whoheard the case decides if they've made a mistake or not!! Assuimg she does then surely her whole Judgement is then brought into question??
COURT 16 Before MRS JUSTICE PROUDMAN Friday, 31 July 2015 At half past 10 FOR FURTHER ARGUMENT HC-2014-001796 Sainsbury's Supermarkets Ltd v Bristol Rovers (1883) Ltd
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The Gas
Joined: May 2014
Posts: 484
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Post by The Gas on Jul 30, 2015 15:42:52 GMT
So it is Proudman hearing the case, it's a bizarre system where a Judge whoheard the case decides if they've made a mistake or not!! Assuimg she does then surely her whole Judgement is then brought into question?? COURT 16 Before MRS JUSTICE PROUDMAN Friday, 31 July 2015 At half past 10 FOR FURTHER ARGUMENT HC-2014-001796 Sainsbury's Supermarkets Ltd v Bristol Rovers (1883) Ltd Totally agree.
But Hay Ho, she knows the case.
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Post by michaelb on Jul 30, 2015 16:22:34 GMT
That's the very reason I will be surprised if she hears the case tomorrow. She wasnt 'confident' if thats the right word, as the judgement said if this is wrong, and she 'thinks' but thats why its called a judgement not a decision. And no doubt its why our lawyers have persuaded TW/NH to spend spend spend more legal fees rather than focus on properly running a club with gates well above the leage averages to a league position commensurate with that standing However there is some good news in all these delays By the time we actually get a decision, the economic crisis will be over and big supermarkets will be in vogue again and we'll be quids in (or the firm who owns the Mem site by then will be) if we dont stop chasing the unlikely and continue to forget about trying to run a club with a decent income at this level within its means to success ie like Burton Albion did the only certainty is the end of this business as we know it. So if i interpret you right, her judgement which is her ability to make a considered decision, would appear to be not that well considered if she grants leave to appeal, more so that she "thinks" it is right but could be "wrong" Maybe Mr Higgs is not so wrong in pursuing this after all ?
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Post by michaelb on Jul 30, 2015 16:23:09 GMT
So it is Proudman hearing the case, it's a bizarre system where a Judge whoheard the case decides if they've made a mistake or not!! Assuimg she does then surely her whole Judgement is then brought into question?? COURT 16 Before MRS JUSTICE PROUDMAN Friday, 31 July 2015 At half past 10 FOR FURTHER ARGUMENT HC-2014-001796 Sainsbury's Supermarkets Ltd v Bristol Rovers (1883) Ltd my point exactly
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Post by Topper Gas on Jul 30, 2015 17:27:51 GMT
She wasnt 'confident' if thats the right word, as the judgement said if this is wrong, and she 'thinks' but thats why its called a judgement not a decision. And no doubt its why our lawyers have persuaded TW/NH to spend spend spend more legal fees rather than focus on properly running a club with gates well above the leage averages to a league position commensurate with that standing However there is some good news in all these delays By the time we actually get a decision, the economic crisis will be over and big supermarkets will be in vogue again and we'll be quids in (or the firm who owns the Mem site by then will be) if we dont stop chasing the unlikely and continue to forget about trying to run a club with a decent income at this level within its means to success ie like Burton Albion did the only certainty is the end of this business as we know it. So if i interpret you right, her judgement which is her ability to make a considered decision, would appear to be not that well considered if she grants leave to appeal, more so that she "thinks" it is right but could be "wrong" Maybe Mr Higgs is not so wrong in pursuing this after all ? That's assuming she allows the Appeal she could tell NH to get lost! Although if she allows the appeal everybody connected to the the case makes more money, apart from probably BRFC1883!
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Angas
Joined: May 2014
Posts: 2,068
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Post by Angas on Jul 31, 2015 8:34:42 GMT
So it is Proudman hearing the case, it's a bizarre system where a Judge whoheard the case decides if they've made a mistake or not!! Assuimg she does then surely her whole Judgement is then brought into question?? COURT 16 Before MRS JUSTICE PROUDMAN Friday, 31 July 2015 At half past 10 FOR FURTHER ARGUMENT HC-2014-001796 Sainsbury's Supermarkets Ltd v Bristol Rovers (1883) Ltd Maybe it makes sense. She gave her judgement. Now we get the chance to question it and give our reasons why. She might think "Oh right, I missed that point." Someone else looking at it won't know how she worked through things to come to her conclusion. Surely they'd have to go through all the evidence to fully understand the ins and outs. Of course, today also gives her the chance to explain to us exactly why we have no grounds for appeal. If so, I do hope we get a full and frank statement on the official site rather than having to draw our own conclusions via the local press.
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Deleted
Joined: January 1970
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Post by Deleted on Jul 31, 2015 9:48:59 GMT
NO. STOP THAT s**t RIGHT NOW. I AM NOT SPENDING MY LIFE REFRESHING THAT f**kING PAGE AGAIN.
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Post by manchestergas on Jul 31, 2015 9:52:42 GMT
So it is Proudman hearing the case, it's a bizarre system where a Judge whoheard the case decides if they've made a mistake or not!! Assuimg she does then surely her whole Judgement is then brought into question?? COURT 16 Before MRS JUSTICE PROUDMAN Friday, 31 July 2015 At half past 10 FOR FURTHER ARGUMENT HC-2014-001796 Sainsbury's Supermarkets Ltd v Bristol Rovers (1883) Ltd Maybe it makes sense. She gave her judgement. Now we get the chance to question it and give our reasons why. She might think "Oh right, I missed that point." Someone else looking at it won't know how she worked through things to come to her conclusion. Surely they'd have to go through all the evidence to fully understand the ins and outs. Of course, today also gives her the chance to explain to us exactly why we have no grounds for appeal. If so, I do hope we get a full and frank statement on the official site rather than having to draw our own conclusions via the local press. If she denies leave to appeal, you then would apply to the Court of Appeal direct for leave to appeal to them. It is not unusual for leave to be denied at this stage and then granted by the Court of Appeal.
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Post by Westcountry Gas on Jul 31, 2015 9:55:19 GMT
Will the decision be announced today?
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Post by michaelb on Jul 31, 2015 10:03:41 GMT
Can't see her granting it, to my mind it would be like saying I made a mistake or was wrong and i've never known a woman admit that!
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womble
Arthur Cartlidge
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Post by womble on Jul 31, 2015 10:21:31 GMT
Can't see her granting it, to my mind it would be like saying I made a mistake or was wrong and i've never known a woman admit that! On the other hand, if she is confident she has got it right, then granting leave to appeal and having three Court of Appeal judges agree with her, is a great way of saying, 'told you so!'.
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Post by fanatical on Jul 31, 2015 10:26:03 GMT
Can't see her granting it, to my mind it would be like saying I made a mistake or was wrong and i've never known a woman admit that! That is not how it works - and remember she said it was a difficult case - so there could be grounds
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Post by chippenhamgas on Jul 31, 2015 10:34:59 GMT
Can't see her granting it, to my mind it would be like saying I made a mistake or was wrong and i've never known a woman admit that! That is not how it works - and remember she said it was a difficult case - so there could be grounds If she says no higgs is going down the casino tonight and putting the mem on black!
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Peter Parker
Global Moderator
Richard Walker
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Post by Peter Parker on Jul 31, 2015 10:38:02 GMT
Maybe it makes sense. She gave her judgement. Now we get the chance to question it and give our reasons why. She might think "Oh right, I missed that point." Someone else looking at it won't know how she worked through things to come to her conclusion. Surely they'd have to go through all the evidence to fully understand the ins and outs. Of course, today also gives her the chance to explain to us exactly why we have no grounds for appeal. If so, I do hope we get a full and frank statement on the official site rather than having to draw our own conclusions via the local press. If she denies leave to appeal, you then would apply to the Court of Appeal direct for leave to appeal to them. It is not unusual for leave to be denied at this stage and then granted by the Court of Appeal. And what is the point of all that shenanigans?
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kingswood Polak
Without music life would be a mistake
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Post by kingswood Polak on Jul 31, 2015 10:57:31 GMT
If she denies leave to appeal, you then would apply to the Court of Appeal direct for leave to appeal to them. It is not unusual for leave to be denied at this stage and then granted by the Court of Appeal. And what is the point of all that shenanigans? It would continue to keep the expenses adjourned until the case was settled and I think a lot of game play is going on here in that respect but, of course, I could be wrong
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